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THE GOVERNMENT |
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No: 71/2006/ND-CP |
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DECREE
ON MANAGEMENT OF SEAPORTS AND MARINE
NAVIGABLE CHANNELS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law
on Organization of the Government;
Pursuant to the June 14, 2005
At the proposal of the Minister of
Transport,
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
1. This Decree provides for
investment in, construction, management and operation of seaports and marine
navigable channels, and management of marine shipping activities in Vietnamese
seaports.
2. This Decree’s provisions on
marine navigation safety, marine navigation security and environmental
pollution prevention shall apply to military ports, fishing ports, and inland
ports and harbors located in seaport waters.
Article 2.- Subjects of application
1. This Decree shall apply to
Vietnamese and foreign organizations, individuals and vessels and specialized
state management agencies involved in investment in, construction and operation
of seaports, marine navigable channels and management of maritime shipping
activities in Vietnamese seaports.
2. Where a treaty to which
Article 3.- Application of laws
1. When operating in Vietnamese
seaports and marine navigable channels, all Vietnamese and foreign
organizations, individuals and vessels, and specialized state management
agencies shall strictly observe the provisions of this Decree and other
relevant provisions of Vietnamese law and treaties to which Vietnam is a
contracting party.
2. In case there is an inconsistency
between the provisions of this Decree and those of other specialized legal
documents of the Government on the same issue, the provisions of this Decree
shall apply.
Article 4.- Seaport regulations
Directors of port authorities shall
base themselves on the provisions of this Decree and the specific conditions in
seaport waters and zones under their management to issue seaport regulations
after obtaining the approval thereof of the director of the Vietnam Maritime
Administration with a view to ensuring maritime safety and maritime security as
well as preventing environmental pollution caused by seagoing ships.
Article 5.- Interpretation of terms
In this Decree, the following terms
shall be construed as follows:
1. Seaport is an area covering port
premises and port waters where infrastructures are built and equipment is
installed for seagoing ships entering and leaving for loading and discharging
cargoes, embarking and disembarking passengers and providing other services.
2. Harbor consists of wharves,
warehouses and depots, storage yards, workshops, office buildings, service
facilities, systems of roads, information and communication, electricity and
water supply, entrance fairways, and other support constructions.
3. Wharf is a fixed structure within
a harbor which is used for seagoing ships to anchor or moor, load and discharge
cargoes, embark and disembark passengers and provide other services.
4. Offshore area for reception of
vessels (offshore oil port) is an area for seagoing ships to enter and leave,
operate, load and discharge cargoes and providing other services at offshore
facilities.
5. Marine navigable channel is a
water area delimited by a system of marine navigation signals and other aids to
ensure safe navigation of seagoing ships and other water crafts. Marine navigable
channels include seaport fairways and other marine navigable channels.
6. Seaport sub-fairway is a
delimited water area from the seaport fairway to a harbor marked by a system of
marine navigation signals and other aids to ensure safe navigation of seagoing
ships and other water crafts into and out of the harbor.
7. Seaport fairway is a delimited
water area from the sea to a seaport marked by a system of marine navigation
signals and other aids to ensure safe navigation of vessels into and out of the
seaport.
8. Pilot reception area is a water
area where vessels are anchored or moored to embark and disembark pilots.
9. Quarantine area means a delimited
area within the seaport waters where vessels are anchored or moored for
quarantine purposes.
10. Storm shelter zone means a
delimited area within the seaport waters where vessels are anchored or moored
for storm-sheltering purposes .
11.
12. Vessel turnaround area means a
delimited area within the seaport waters where vessels can turn around.
13. Transshipment zone means a
delimited area within the seaport waters where vessels are anchored or moored
to transship cargoes or passengers.
14. Vessels mean seagoing ships,
warships, public-service vessels, fishing vessels, inland water crafts,
seaplanes and other water crafts.
15. Shipowner means the ship’s owner
or manager, charteree, operator or an authorized person.
16. Port premises means a delimited
land area where wharves, warehouses and depots, workshops, working offices,
service facilities, systems of roads, information and communication,
electricity, water, other aids are constructed and equipment installed.
17. Port waters means a delimited
water area for establishment of water areas in front of wharf, vessel
turnaround area, anchorage ground, transshipment zone, storm shelter zone,
pilot reception area, quarantine areas; area for construction of seaport
fairways and other aids.
INVESTMENT IN, CONSTRUCTION,
MANAGEMENT OF OPERATION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS
Section 1. INVESTMENT IN AND
CONSTRUCTION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS
Article 6.- Announcement of lists of classified
seaports
The Prime Minister shall announce
lists of classified seaports at the proposal of the Minister of Transport.
Article 7.- Principles of investment in and
construction of seaports and marine navigable channels
1. All Vietnamese and foreign
organizations and individuals that invest in and construct seaports and marine
navigable channels shall strictly observe the provisions of this Decree,
investment law, construction law and other relevant laws.
2. Investment in and construction of
seaports and marine navigable channels shall comply with the approved seaport
development plan. The Ministry of Transport shall publicize the approved
seaport plan and decide on specific adjustments with respect to harbors and
wharves located in seaports which must not run counter to the functions of such
seaports defined in the master plan already approved by the Prime Minister.
3. On the basis of the approved
master plan on seaports, the announcement of forms of investment in seaports
and harbors shall be made as follows:
a/ The Prime Minister shall announce
forms of investment in grade-I seaports and particularly important harbors of
grade-I seaports;
b/ The Minister of Transport shall
announce forms of investment in harbors of grade-I seaports other than those
stated at Point a of this Clause;
c/ Ministers, heads of
ministerial-level agencies and presidents of provincial-level People’s Committees
shall announce forms of investment in grade-II seaports and important harbors
of grade-II seaports.
Article 8.- Supervision of implementation of
plannings and plans and construction of seaports and marine navigable channels
1. Before making a report on
investment in and construction of a seaport, harbor, wharf, transshipment zone
or marine navigable channel, the investor shall send a written request to the
Vietnam Maritime Administration for opinion on whether the master plan on
seaports is complied with. Such written request should clearly state the
necessity, location, size and utility of the seaport, harbor, wharf,
transshipment zone or marine navigable channel. Within 5 working days after
receiving the written request of the investor, the Vietnam Maritime
Administration shall issue a written reply to the investor and report it to the
Ministry of Transport or; in case of refusal, it should clearly state the
reason therefor.
2. Before constructing a seaport,
harbor, wharf, transshipment zone or marine navigable channel, the investor
shall send to the Vietnam Maritime Administration a copy of the decision on
investment in and construction of the work together with an overall ground
plan, a copy of the decision approving the construction design and the plan on
assurance of marine navigation safety.
3. The
Article 9.- Supervision of construction of
other facilities in seaport waters
The construction of other facilities
other than those specified in Article 8 of this Decree within seaport waters
shall comply with regulations on assurance of marine navigation safety, marine
navigation security and prevention of environmental pollution, investment and
construction, and relevant laws. Before constructing a facility, the investor
shall send a copy of the investment decision and the overall ground plan of the
facility to the port authority in charge of the area where the facility is to
be constructed for the latter to supervise the construction of such facility
with a view to ensuring marine navigation safety in the area.
Section 2. ANNOUNCEMENT OF OPENING
AND CLOSURE OF SEAPORTS
Article 10.- Conditions for announcement of the
opening of seaports, decision to put harbors or wharves to use
1. Seaports, harbors or wharves have
been tested before being put to use according to regulations.
2. Investors produce sufficient
valid papers specified in Article 12 and Article 13 of this Decree.
Article 11.- Competence to announce the opening
or closure of seaports
1. Competence to announce the
opening of seaports:
a/ The Minister of Transport shall
announce the opening of seaports;
b/ The director of the Vietnam
Maritime Administration shall decide to put harbors, wharves or transshipment
zones to use.
2. Competence to announce the closure
of seaports:
a/ The Minister of Transport shall
announce the closure of seaports;
b/ Directors of port authorities
shall decide to temporarily ban vessels from entering and leaving harbors,
wharves or transshipment zones.
Article 12.- Procedures for announcement of the
opening of seaports
1. After completing the construction
of a seaport, the investor shall send to the Vietnam Maritime Administration
the following papers:
a/ Written request for announcement
of the opening of the seaport, clearly stating the port’s name and location,
the pilot reception area’s location, types of seagoing ships and the tonnage
limit of seagoing ships allowed to enter, operate in and leave the port;
b/ Written record on the test for
putting the completely constructed port facility to use, enclosed with the
complete construction drawings of the ground, elevation and cross section of
the port facility. For offshore oil ports, drawings of elevations and cross
sections of port facilities are not required;
c/ Written record on the acceptance
of the investor and competent agencies or organizations of the result of survey
of obstructions on the bottom of the water area in front of the wharf, except
for offshore oil ports;
d/ NtM (Notice to Mariners) on the
seaport fairways and water area in front of the wharf, enclosed with a map. For
offshore oil ports, an NtM on the safety zone of the offshore oil port;
e/ A competent agency’s certificate
of the port facility’s satisfaction of environmental protection conditions;
f/ A competent agency’s certificate
of the port facility’s satisfaction of fire and explosion prevention and
fighting conditions.
2. Decision to announce the opening
of a seaport shall be made as follows:
a/ Within 5 working days after
receiving all valid papers specified in Clause 1 of this Article, the director
of the Vietnam Maritime Administration shall send a written request to the
People’s Committee of the province or centrally run city where the port is
located for comment. Within 3 working days after receiving the opinion of the
provincial/municipal People’s Committee, the Vietnam Maritime Administration
shall report it to the Ministry of Transport. Within 5 working days after
receiving the written proposal of the Vietnam Maritime Administration, the
Ministry of Transport shall decide to announce the opening of the seaport.
b/ A decision to announce the
opening of a seaport should clearly state the port’s name and location, the
pilot reception area and the quarantine area; types of seagoing ships and the
tonnage limit of seagoing ships allowed to enter, operate in and leave the
port. For offshore oil ports, the decision should additionally state the limits
of the safe zone of the offshore oil port and requirements on marine navigation
safety assurance or other maritime instructions for activities of vessels.
Article 13.- Procedures for putting harbors,
wharves and transshipment zones to use
1. After completing the construction
of a harbor, wharf or transshipment zone, the investor shall send to the
Vietnam Maritime Administration the following papers:
a/ Written request for the putting
of the harbor, wharf or transshipment zone to use;
b/ Written record on the final test
for putting the completely constructed facility to use, enclosed with the
complete construction drawings of the ground, elevation and cross section of
the harbor, wharf or transshipment zone;
c/ NtM, enclosed with a map, on
entrance and exit channels of the harbor, wharf or transshipment zone; written
record on the acceptance of the investor and a competent agency or organization
of the result of survey of obstructions on the bottom of the water area in
front of the wharf or of the transshipment zone;
d/ A competent agency’s certificate
of the satisfaction of the harbor, wharf or transshipment zone of environmental
protection conditions;
e/ A competent agency’s certificate
of the satisfaction of the harbor, wharf or transshipment zone of fire and
explosion prevention and fighting conditions.
2. Decision to put a harbor, wharf
or transshipment zone to use
Within 5 working days after
receiving all valid papers specified in Clause 1 of this Article, the Vietnam
Maritime Administration shall decide to put the harbor, wharf or transshipment
zone to use. The decision should clearly state the name and location of the
harbor, wharf or transshipment zone, types of seagoing ships and the tonnage
limit of seagoing ships allowed to enter, operate in and leave.
Article 14.- Announcement of the putting of
other facilities to use
1. After completing the construction
of a facility other than those specified in Article 8 of this Decree, the
investor shall send a written notice, a written record on the test and
take-over of the facility or a copy of the decision or permit of a competent
agency on the putting of the facility to use to the port authority and the
marine navigation safety assurance company of the location where the facility
is constructed for the purpose of protecting the facility and ensuring marine
navigation safety for maritime shipping activities in the area. Such a written
notice should clearly state the name, location, characteristics and limits of
the water area of the facility and related technical parameters (if any), such
as the width of the navigable area, the clearance height, warning marks, time
of navigation, the depth of the facility compared to the water level
“0” on the chart, the starting or closing time of operation of the
facility (if any) and other restrictions.
2. The investor shall have to
announce information details specified in Clause 1 of this Article on the mass
media for three consecutive times.
3. The marine navigation safety
assurance company shall have to issue NtMs on information details specified in
Clause 1 of this Article according to regulations.
Article 15.- Closure of seaports or temporary
prohibition of vessels from entering and leaving seaports, harbors, wharves and
transshipment zones
1. For security and defense reasons
or other special socio-economic reasons, the Ministry of Transport shall decide
on the closure of seaports after consulting concerned ministries, branches and
provincial-level People’s Committees.
2. For marine navigation safety or
marine navigation security assurance, environmental pollution prevention and
other emergency reasons, directors of port authorities shall decide on
temporary prohibition of vessels from entering and leaving seaports, harbors,
wharves or transshipment zones and promptly report it to concerned agencies.
Directors of port authorities shall decide to allow vessels to enter and leave
seaports, harbors, wharves or transshipment zones once the reasons for the
temporary prohibition no longer exist.
Article 16.- Procedures for announcing seaport
waters and management areas of port authorities
1. The
a/ Written request for announcement
of the seaport waters;
b/ Written opinion of the concerned
provincial-level People’s Committee;
c/ Chart showing the limits of the
seaport waters and management area of the port authority.
2. Within 15 working days after
receiving all valid papers specified in Clause 1 of this Article, the Ministry
of Transport shall decide to announce the seaport waters and management areas
of port authorities.
Article 17.- Registers of seaports and marine
navigable channels
The Vietnam Maritime Administration
shall compile registers of seaports and marine navigable channels.
Section 3. MANAGEMENT, OPERATION OF
SEAPORTS AND MARINE NAVIGABLE CHANNELS
Article 18.- Principles of management and
operation of seaports
1. Vietnamese and foreign
organizations and individuals investing in and constructing seaports shall
decide on forms of management and operation of seaports.
2. Harbor and wharf infrastructures
invested by the State with state budget funds or capital originating from the
state budget may be partly or wholly offered for operating lease; other forms
of management shall be decided by the Prime Minister. Revenues from such
operating lease shall belong to the state budget, used under the provisions of
the State Budget Law and prioritized for investment in the development and
management of seaport infrastructures.
3. The selection of organizations
and individuals to operating-lease harbor or wharf infrastructures invested
with state budget funds or capital originating from the state budget shall
abide by the following principles:
a/ For harbor and wharf
infrastructures already put to use before the effective date of this Decree, it
shall be decided by the Prime Minister;
b/ For harbor and wharf
infrastructures put to use from the effective date of this Decree, it shall
comply with the bidding law.
4. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Transport in, stipulating financial mechanisms for the operating-lease of
harbor or wharf infrastructures invested with state budget funds or capital
originating from the state budget.
Article 19.- Principles of management and
operation of marine navigable channels
1. Marine navigable channels which
have been invested with state capital through a ministry, branch or locality
shall be managed and operated by such ministry, branch or locality.
2. Marine navigable channels which
have been invested with capital of an enterprise shall be managed and operated
by such enterprise.
Article 20.- Protection of seaport facilities,
marine navigable channels
1. The Ministry of Transport and
concerned ministries and branches shall coordinate with provincial-level
People’s Committees in directing the protection of seaport facilities and
marine navigable channels in localities.
2. All agencies, organizations and
individuals shall have to protect seaport facilities and marine navigable
channels in accordance with the provisions of law.
Article 21.- Management of maritime charges and
fees
1. The management of maritime
charges and fees related to the management of seaports and marine navigable
channels shall comply with the provisions of law on charges and fees.
2. The Ministry of Finance shall,
after consulting the Ministry of Transport, set the levels of deduction of
maritime assurance charges collected from marine navigable channels invested
and operated by enterprises for the purpose of marine navigation safety and
marine navigation security assurance and environmental pollution prevention.
MARITIME SHIPPING ACTIVITIES IN
SEAPORTS AND MARINE NAVIGABLE CHANNELS
Section 1. PROCEDURES FOR FOREIGN
VESSELS TO ARRIVE AT SEAPORTS
Article 22.- General requirements on vessels
entering seaports
1. Foreign vessels of all types,
regardless of their size, flag state and use purpose, may enter a seaport only
when they satisfy all safety, security, environmental pollution prevention and
other conditions as provided for by law.
2. Foreign vessels of all types may
enter only seaports which have been announced and harbors and wharves which
have been permitted to be put to use for cargo loading and discharge and
passenger embarkation and disembarkation.
Article 23.- Procedures of application for
permission for vessels of some specific types to arrive at seaports
1. For foreign warships, procedures
shall be carried according to the Government’s regulations on operation of
foreign warships visiting the Socialist Republic of Vietnam.
2. For foreign vessels propelled by
nuclear power and ships carrying radioactive substances, the Prime Minister
shall make decision to permit their arrival at the proposal of the Minister of
Transport.
3. For foreign vessels visiting
4. Foreign vessels applying for
permission to arrive at a port for carrying out scientific research, fishery,
salvage, sunken property recovery, towing within the port, training, cultural, sports,
marine facility construction, natural resource survey, exploration and
exploitation activities in
Section 2. PROCEDURES FOR VESSELS TO
ARRIVE AT AND DEPART SEAPORTS
Article 24.- Notification on vessels’ arrival at
seaports
Before the expected time of arrival
at a seaport, the ship’s owner, manager, operator or an authorized person
(hereinafter collectively referred to as procedure-completing person) shall
send to the port authority of the seaport of arrival a notice on the vessel’s
arrival at the seaport:
1. Contents of the notice:
a/ Name, flag state, call sign and
registration place of the vessel and name of the shipowner;
b/ Length, breadth, height and draft
of the ship when arriving at the port;
c/ Gross tonnage, gross deadweight,
volume and kinds of cargoes on board;
d/ Numbers of crew, passengers and
other persons on board;
e/ Name of the previous port of call
and the expected time of arrival at the port;
f/ Purpose of arrival.
For foreign vessels visiting
g/ Name of the shipowner’s agent in
Procedure-completing persons may use
the form “General Declaration” included in Appendix I to this Decree
for notification of the vessel’s arrival at the port.
2. Time of notification
a/ For vessels of all types, except
vessels specified at Point b of this Clause, at least 8 hours before the
expected time of arrival.
b/ For vessels to arrive at a
Vietnamese port for the first time, warships, sea-going ships propelled by
nuclear power, ships carrying radioactive substances on board, and vessels
visiting Vietnam at the official invitation of the Government of the Socialist
Republic of Vietnam, at least 24 hours before the expected time of arrival at
the port.
Article 25.- Confirmation of vessels’ arrival at
seaports
1. At least 2 hours before the
expected time of arrival at the pilot reception area, the procedure-completing
person shall confirm the exact time of arrival to the concerned port authority.
If there are sick persons, dead persons, persons rescued from the sea or
immigrants on board, at this last confirmation, the shipowner shall notify the
names, ages, nationalities, illness conditions or causes of death and other
relevant requests.
2. For vessels on entry, after
receiving the confirmations of the procedure-completing person, the concerned
port authority shall immediately notify its arrival to other specialized state
management agencies for coordination.
Article 26.- Maneuvering of vessels to enter
seaports
1. Directors of port authorities
shall be responsible for designating the positions of anchorage or moorage of
vessels in the port waters within 2 hours after receiving the notifications
that the vessels have arrived at the pilot reception point. For vessels on
entry, immediately after maneuvering a vessel to enter the port, the port
authority shall also have to inform other specialized state management agencies
of the designated time and position of anchorage or moorage of the vessel in
the port.
2. Directors of port authorities
shall base themselves on the vessel type and size, kinds of cargoes, wharf
conditions and the port’s management plan to designate the positions of
anchorage or moorage of vessels for cargo loading and discharge and passenger
embarkation and disembarkation. Only directors of port authorities shall be
entitled to change the positions of anchorage or moorage already designated for
vessels.
Article 27.- Venues, time limits and papers for
completion of procedures for vessels to enter seaports
1. For Vietnamese vessels operating
along domestic routes:
a/ Venue for processing procedures:
head office or representative office of the port authority;
b/ Time limit for ship owners to
complete procedures: Within 2 hours after the vessel has been anchored or
moored at the wharf or 4 hours after the vessel has anchored or moored in other
positions in the port waters;
c/ Time limit for port authorities
to complete procedures:
– For seagoing ships: Within 1 hour
after the ship owner has submitted and presented all of the following valid
papers:
+ Papers to be submitted
(originals):
. 01 general declaration;
. 01 crew list;
. 01 passenger list (if any);
. Port clearance permit issued by the previous port of
call.
+ Papers to be presented
(originals):
. The vessel registration certificate;
. The vessel’s technical safety certificates as
prescribed;
. The crew book;
. Crew’s professional certificates as prescribed.
+ For vessels of other types, papers
to be submitted and presented shall comply with relevant provisions of law.
d/ Procedures specified in this
Clause for Vietnamese vessels operating along domestic routes to enter a port
shall be completed by port authorities.
2. For Vietnamese and foreign
vessels on entry:
a/ Venue for processing procedures:
Head office or representative office of the port authority, except for cases
specified at Point b of this Clause.
b/ Cases where procedures are
processed on board:
– Passenger ships;
– Where there are sufficient grounds
to doubt the truthfulness of the ship owner’s quarantine declaration or the
vessel’s previous port of call is located in areas affected by human, animal or
plant epidemics, concerned state management agencies shall complete procedures
in the quarantine area.
In both cases, specialized state
management agencies shall immediately inform the port authorities and ship
owners thereof.
c/ Time limit for
procedure-completing persons to complete procedures: Within 02 hours after the
vessel has been safely anchored or moored in the position designated by the
director of the port authority;
d/ Time limit for specialized state
management agencies to complete procedures: Within 1 hour after the
procedure-completing person has submitted and presented all of the following
valid papers:
– Papers to be submitted
(originals):
+ 03 general declaration, to be
submitted to the port authority, the border guard and the border-gate customs
authority;
+ 03 crew lists, to be submitted to
the port authority, the border guard and the border-gate customs authority;
+ 01 passenger list (if any), to be
submitted to the border guard;
+ 01 cargo declaration, to be
submitted to the border-gate customs authority;
+ 02 dangerous cargo manifests (if
any), to be submitted to the border-gate customs authority and the port
authority;
+ 01 ship’s stores declaration, to
be submitted to the border-gate customs authority;
+ 01 crew’s effects declaration, to
be submitted to the border-gate customs office;
+ 01 health quarantine declaration,
to be submitted to the international medical quarantine office;
+ 01 plant quarantine declaration
(if any), to be submitted to the plant quarantine office;
+ 01 animal quarantine declaration
(if any), to be submitted to the animal quarantine office;
+ Port clearance permit issued by
the previous port of call, to be submitted to the port authority.
– Papers to be presented
(originals):
+ The vessel registration
certificate;
+ The vessel’s technical safety
certificates;
+ Crew’s professional certificates
as prescribed.
+ Crew’s passports, the crew book;
+ Crew’s international vaccination
certificates;
+ Papers related to cargoes on
board;
+ The health quarantine certificate;
+ The plant quarantine certificate
(if any);
+ The animal quarantine certificate
or the animal product certificate (for cargo being animal products) issued by
the country of exportation;
+ The certificate of insurance for
the shipowner’s civil liability for environmental pollution, for vessels
specializing in transporting petroleum, petroleum products and other hazardous
cargoes;
+ Passports and international
vaccination certificates of passengers (if any, upon the request of relevant
specialized state management agencies).
Particularly for vessels of a
deadweight of 200 DWT or less operating under the flag of a country bordering
on Vietnam, when they arrive at a seaport in the border area between Vietnam
and such country, they shall be exempt from the papers specified in this Clause
according to regulations of the Minister of Transport.
3. Specialized state management
agencies may request shipowners to submit and present papers related to their
management functions which are specified at Point d, Clause 2 of this Article
and shall immediately notify the port authorities of the completion of
procedures; in case they cannot complete procedures yet, they shall state the
reasons therefor and the mode of settlement.
4. Vessels that have completed entry
procedures at a Vietnamese port shall not be required to complete entry
procedures specified in Clause 2 of this Article when they call at another
port. The port authority of the subsequent port of call shall base itself on
the port clearance permit issued by the port authority of the previous port of
call and the general declaration of the procedure-completing person to decide
to permit the vessel to operate in the port; other specialized state management
agencies shall base themselves on the port transfer dossier (if any) supplied
by the corresponding agencies in the previous port of call to perform their
management duties according to the provisions of law.
5. Procedures for foreign warships and
other foreign vessels visiting
Article 28.- Notification on vessels’ departure
from seaports
1. At least 02 hours before a vessel
departs from a port, the procedure-completing person shall notify the port
authority of the name of the vessel and the expected time of departure.
2. For vessels on exit, immediately
after receiving the notification of the procedure-completing person, the port
authority shall immediately notify concerned specialized state management
agencies thereof for timely completion of exit procedures for the vessel.
Article 29.- Venues, time limits and papers for
completion of procedures for vessels to depart from seaports
1. For Vietnamese vessels operating
along domestic routes:
a/ Venue for processing procedures:
Head office or representative office of the port authority;
b/ Time limit for shipowners to
complete procedures: At least 2 hours before the vessel departs from the port;
c/ Time limit for port authorities
to complete procedures: Within 1 hour after the shipowner has submitted and
presented all the following valid papers:
– Papers to be submitted
(originals): 01 general declaration.
– Papers to be presented (originals):
+ The vessel’s certificates and
crew’s professional certificates (if there is any change compared to the time
of arrival);
+ Papers certifying the payment of
charges, fees, fines or debts as prescribed by law.
d/ Procedures specified in this Clause
for Vietnamese vessels operating along domestic routes to arrive at ports shall
be completed by port authorities.
2. For vessels on exit:
a/ Venue for processing procedures:
Head office or representative office of the port authority;
Particularly for passenger ships,
procedures may be processed on board by specialized state management agencies
only.
b/ Time limit for
procedure-completing persons to complete procedures: At least 02 hours before
the vessel departs from the port. Particularly for passenger ships and vessels
operating along fixed routes, no later than immediately before the vessel
departs from the port;
c/ Time limit for specialized state
management agencies to complete procedures: Within 1 hour after the
procedure-completing person has submitted and presented all the following valid
papers:
– Papers to be submitted
(originals):
+ 03 general declarations, to be
submitted to the port authority, the border guard and the border-gate customs
authority;
+ 03 crew lists (if there is any
change compared to the time of arrival), to be submitted to the port authority,
the border guard and the border-gate customs authority;
+ 01 passenger list (if there is any
change compared to the time of arrival), to be submitted to the border guard;
+ 01 ship’s stores declaration, to
be submitted to the border-gate customs authority;
+ 01 cargo declaration (if carrying
any cargoes on board), to be submitted to the border-gate customs authority;
+ 01 passenger’s effects
declaration, to be submitted to the border-gate customs office; particularly
for effects of passengers on board foreign passenger ships arriving at and
departing from the port on the same voyage, customs declaration shall not be
required;
+ Other papers already issued by
specialized state management agencies to the vessel, crew and passengers (for
withdrawal).
– Papers to be presented
(originals):
+ The vessel’s certificates (if
there is any change compared to the time of arrival);
+ Crew’s professional certificates
(if there is any change compared to the time of arrival);
+ Crew’s and passengers’ passports;
+ Crew’s and passengers’
international vaccination certificates (if there is any change compared to the
time of arrival);
+ The health quarantine certificate
(f any);
+ The animal quarantine certificate
or the animal product certificate (if any);
+ Papers related to cargoes on
board;
+ Papers certifying the payment of
charges, fees, fines or debts (if any) according to the provisions of law.
Article 30.- Venues, time limits and papers for
completion of procedures for vessels on entry and exit at offshore oil ports
1. Venues, time limits and papers
shall comply with Article 27 and Article 29 of this Decree. The time limit for
completion of procedures for vessels on entry and exit at offshore oil ports
shall be deemed to expire when the shipowner’s agent submits all papers as
prescribed to specialized state management agencies at the head office of the
port authority.
2. Papers specified in Clause 1 of
this Article shall be submitted and presented in the following order:
a/ Upon entry, procedure-completing
persons shall fax to the port authority the following papers:
– 01 general declaration;
– 01 crew list;
– 01 certificate of insurance for
the shipowner’s civil liability for oil pollution.
b/ When the port authority receives
all papers specified at Point a of this Clause, it shall issue a port clearance
permit to the ship through the shipowner’s agent, who shall sign for
certification of the receipt of such port clearance permit;
c/ Within 24 hours after returning
to the shore, the shipowner’s agent shall submit all papers (originals)
required to be submitted and papers (copies signed by the shipmaster and
stamped) to be presented. In addition, he/she shall also submit a copy of the
port clearance permit, signed by the shipmaster and stamped.
3. The provisions of this Article
shall also apply to foreign vessels completing entry or exit procedures in the
Vietnamese offshore waters for carrying out oil and gas prospecting,
exploration and exploitation activities, providing petroleum services or
building marine facilities.
Article 31.- Conditions for vessels to depart
from seaports
1. Vessels may depart from a port
only after having completed procedures specified in Article 29 of this Decree
and be issued a port clearance permit by directors of port authorities, except
for cases specified in Clause 2 and Clause 3 of this Article.
2. Directors of port authorities
shall not issue port clearance permits to vessels in the following cases:
a/ The vessel fails to meet
necessary seaworthiness conditions related to its hull, equipment, complement
and professional competence of crew, food provisions and fuel;
b/ The vessel’s actual draft is
higher than the permitted load line or the vessel is heeled by over 8 degree in
the free floating state or its hull is not watertight;
c/ The vessel carrying bulky
cargoes, grains or extra-long, extra-heavy cargoes, dangerous cargoes, deck
cargoes lacks necessary security measures as required for the transportation of
such cargoes;
d/ The vessel has not yet been
repaired to fully meet conditions on marine navigation safety, marine
navigation security and environmental pollution prevention as requested by the
port authority, maritime inspectorate or seagoing ship registry body;
e/ Other threats to the safety of
the vessel and persons, cargoes on board or to the marine environment are
detected;
f/ An warrant to arrest the vessel
or retain cargoes on board has been issued by a competent court or agency under
the provisions of law.
3. In case a vessel has been issued
a port clearance permit but it still stays in the port for more than 24 hours
counting from the date of receipt of such permit, it shall have to re-fill
procedures for departure from the port.
4. If the vessel shall temporarily
stay in the port for no more than 12 hours, the shipmaster shall have to notify
the port authority thereof. The port authority shall coordinate with
specialized state management agencies in completing arrival and departure
procedures for the vessel at the same time.
Article 32.- Foreign vessels in transit
1. Procedures of application for
permission, notification and confirmation:
a/ Procedures of application for
permission:
– At least 12 hours before the
expected time of arrival at the anchorage area for transit, the
procedure-completing person shall send to the port authority in charge of such
area an application for permission for transit as prescribed in Clause 1,
Article 24 of this Decree.
– Within 2 hours after receiving the
application for permission specified at Point a of this Clause, the port
authority shall grant a permit for transit according to a set form; in case of
refusal, it shall issue a written reply, clearly stating the reason therefor.
b/ Notification and confirmation:
The notification and confirmation
shall be effected in accordance of the provisions of Articles 24, 25 and 28 of
this Decree.
2. Venues, time limits and papers
for completion of procedures:
a/ Venues and time limits for
completion of procedures shall comply with the provisions of Article 27 and
Article 29 of this Decree.
b/ At least 2 hours before making
the transit, the procedure-completing person shall submit and produce to the
port authority in charge of the anchorage area the following papers:
– Papers to be submitted (originals):
+ 01 general declaration;
+ 01 crew list;
+ 01 passenger list (if any);
+ 01 cargo declaration (if any);
– Papers to be presented
(originals):
+ The vessel’s registration
certificate;
+ The vessel’s technical safety
certificates;
+ Crew’s professional qualification
certificates;
+ Crew’s passports and the crew
book;
+ The certificate of insurance for
the shipowner’s civil liability for environmental pollution, for vessels
specializing in transporting oil, oil products and other dangerous cargoes;
+ Passengers’ passports (if any).
3. Immediately after issuing a
permit for transit, made according to a set form, the port authority shall
notify other concerned authorities of ports related to the transit route, the
border guard and customs authorities and other specialized state management
agencies thereof for coordination in managing transit activities of vessels.
Article 33.- Working time for completion of
procedures
Specialized state management
agencies in seaports shall complete procedures for vessels entering and leaving
ports around the clock all days, including weekends and holidays.
Article 34.- Form of declaration
1. Declaration for completion of
procedures for vessels entering and leaving seaports or in transit shall be
made according to set forms.
2. Declaration papers may be sent or
forwarded to specialized state management agencies in seaports by fax, email or
mail or in person.
Section 3. USE OF MARITIME PILOTS
Article 35.- Cases of exemption from maritime
pilotage
1. Foreign vessels of a gross
tonnage of under 100 GT.
2. Vietnamese vessels of a gross
tonnage of under 2,000 GT.
3. For vessels whose masters are
Vietnamese citizens possessing a maritime pilotage certificate and a maritime
pilotage area certificate relevant to the vessels type and the maritime
pilotage area where the vessels are operating, such masters may steer their
vessels without a pilot, provided that such steering shall be notified in
advance to the concerned port authorities.
4. Masters of vessels specified in
Clauses 1, 2 and 3 of this Article may request a pilot to steer their vessels
if deeming it necessary.
Article 36.- Time of provision of pilots
1. At least 6 hours before the
expected time of receiving a pilot aboard, the shipmaster, the ship owner’s
agent or the ship operator shall send a request for the service of a pilot to
the pilotage organization; this time limit may be shorter in emergency cases to
prevent marine accidents. If wishing to change the time of reception of a pilot
or to cancel the request for the service of a pilot, this should be notified to
the pilotage organization at least 3 hours before the expected time of
reception of the pilot aboard.
2. Pilots shall have to wait at the
agreed place for no more than 4 hours, counting from the expected time of reception
aboard; past this time limit, the request for the service of a pilot shall be
deemed to have been canceled and the requester shall have to pay a charge for
the waiting time according to regulations.
3. Within 1 hour after receiving a
request for the service of a pilot, the pilotage organization shall have to
notify the port authority, the procedure-completing person or ship operator of
the expected place and time for a pilot to embark the vessel. If a pilot
embarks the vessel late or at a place other than the already notified place,
thus keeping the vessel waiting or causing it to move to another place, the
pilotage organization shall have to pay a charge for the vessel’s waiting time
according to regulations.
Section 4. OPERATIONS OF VESSELS IN
SEAPORT WATERS
Article 37.- Requirements on operation of
vessels
1. Maneuver orders issued directors
of port authorities with respect to operations of vessels in seaports shall all
be obeyed in a prompt, accurate and full manner. After receiving a maneuver order,
if deeming that there are insufficient conditions for executing it forthright,
the shipmaster shall have to report it to the port authority for timely
handling. Without orders of directors of port authorities, seagoing ships shall
not be permitted to maneuver, anchor, moor or change their position within
marine navigable channels, water areas in front of wharves and other restricted
areas prescribed by directors of port authorities.
2. When operating in Vietnamese
seaport waters, all vessels shall have to observe the Regulations for
Preventing Collisions at Sea.
3. When vessels operate in the
seaport waters, shipmasters shall have to comply with the following provisions:
a/ Maintaining contact with port
authorities through VHF devices on the notified channel;
b/ Fully observing regulations on
the limit speed when passing through channels, warning signals, lookout regime
and other regulations. Taking initiative in moving at a safe speed when passing
through areas where underwater activities, activities of dredging, laying
marking buoys, recovery and salvage activities, fishery activities are taking
place or when passing by other vessels being anchored or maneuvering in such
areas;
c/ Outside the prescribed hours,
vessels must not pass narrow channels, areas subject to restricted passage or
beneath high-voltage power lines when the height of vessels exceeds the
clearance height;
d/ Anchor gear and other similar
equipment must be constantly kept ready for quickly executing shipmaster’s
orders;
e/ Vessels are prohibited from
dragging or pulling anchors underwater while operating in a channel or canal,
except in emergency cases where it is compulsory to limit the vessel’s momentum
and avoid possible accidents;
f/ Observing regulations on the
assistance of tugboats in the port waters. Depending on the practical
conditions and for the purposes of ensuring marine navigation safety in the
areas, directors of port authorities shall specify the number and capacity of
tugboats to assist seagoing ships in the port waters.
4. Apart from complying with the
provisions of this Article, shipmasters or commanders of vessels specializing
in dredging channels, installing navigation signals, exploiting sand,
conducting surveys or measurements, or operators of pile-driving machines,
floating cranes and other equipment shall have to apply for permission of the
port authorities in charge of the areas concerned when carrying out activities
in the port waters. While carrying out such activities, necessary warning
signals must be displayed and all instructions of the port authorities
observed.
5. Before entry procedures for the
vessel to enter the port are completed and after exit procedures for the vessel
to leave the port are completed, persons on board are prohibited from
contacting persons other than the pilot and staff on duty who are carrying out
procedures on board
Article 38.- Requirements on the anchorage or
moorage of vessels
1. When a vessel is drifted or
shifted from its position of anchorage or moorage due to objective causes,
appropriate handling measures must be promptly taken and port authorities
notified thereof.
2. When a vessel has been safely
anchored or moored in the designated position, its main engine must be
constantly kept ready to operate when necessary. On the deck and at the sides
of vessels, there must be lights for use at night or when visibility is
restricted. Appropriate warning signals, either signs or sound signals, must be
sufficiently maintained at any point of daytime or in different weather
conditions.
3. Non-self-propelled and other
rudimental water crafts may be anchored or moored only in areas separately
reserved for them and in the course of anchorage or moorage, there must be
adequate manning and tugboats of an appropriate capacity on duty and ready to
maneuver such crafts when necessary.
Article 39.- Responsibilities of port
enterprises
1. To arrange positions for vessels
to anchor or moor and move and notify port authorities thereof.
2. After receiving notifications of
port authorities on plans on maneuvering vessels into the ports, port
enterprises shall have to fulfill the following requirements:
a/ To keep the wharf clear of any
other crafts that might obstruct vessels from landing at the wharf. The part of
the wharf reserved for a vessel to land at shall be at least 20 meters longer
than the overall length of the vessel.
b/ The wharf must be sufficiently
lighted at night and clear of any objects on its surface which might obstruct
or cause danger to the anchorage and moorage of vessels or other ordinary
activities of crew and passengers;
c/ To arrange skilled workers to tie
and untie mooring lines. Bollards must be made ready for quickly and safely
tying and untying mooring lines. At positions for tying and untying mooring
lines appropriate signs must be shown (red flags at daytime and red lights at
nighttime);
d/ The wharf shall be completely
prepared at least 1 hour before the expected time of anchorage or moorage for
vessels coming from the sea or at least 30 minutes for vessels changing their
positions within the port waters;
e/ To ensure security and order
conditions at the wharf area for cargo loading and discharge and passenger
embarkation and disembarkation.
Article 40.- Drawing alongside vessels
1. Port authorities may permit
vessels to draw alongside one another only after obtaining the agreement of
shipmasters concerned and ensuring the following principles:
a/ Seagoing ships of a gross tonnage
of 1,000 GT or more each may draw alongside by twos. Vessels of other types may
draw alongside by threes, provided that they shall not obstruct normal
activities in seaport fairways and water areas in front of the wharf. Director
of port authorities shall base themselves on marine navigation safety assurance
conditions to permit vessels to draw alongside one another in manners not
stipulated herein;
b/ Vessels of a bigger size shall
not be allowed to draw alongside vessels of smaller size from outside;
c/ Between two vessels drawing
alongside one another there must be fenders and ladders and they must be
properly tied;
d/ Only vessels supplying water,
oil, food provisions, equipment and other provisions, pilot vessels,
fire-extinguishing vessels, vessels transshipping passengers from passenger
ships or similar service vessels may draw alongside passenger ships.
2. Shipmasters must use appropriate
kinds of mooring lines for mooring their vessels. Mooring lines must not be
tied around beams, frames or other structures of port facilities not designated
for mooring vessels.
Article 41.- Watch-keeping when vessels
operating in ports
1. While vessels operating in a
port, shipmasters must arrange look-outs who are ready to deal with the
drifting of anchors, broken mooring lines or too stretched or too slack mooring
lines; and at the same time constantly keep engines, life-saving and
fire-extinguishing devices and stand-by emergency equipment in the
ready-to-operate state.
2. On board a vessel anchored or
moored at the wharf, two thirds of crewmen must be maintained and on board a
vessel anchored or moored elsewhere in the port waters one third of crewmen
must be maintained in sufficient appropriate posts who are able to maneuver the
vessel or deal with emergency cases.
3. Directors of port authorities
shall have to keep shipmasters informed of changes in geographical and
hydrological conditions, storms and of necessary preventive measures to be
taken in the seaport zones where their vessels are operating.
4. When a storm is imminent, vessels
shall all quickly move to storm-sheltering areas designated by directors of
port authorities.
Article 42.- Procedures for detention of
seagoing ships
1. Directors of port authorities
shall issue decisions to detain seagoing ships in the cases specified in Clause
1, Article 68 of the Vietnam Maritime Code. Such a decision shall be
immediately forwarded to the shipmaster, the Vietnam Maritime Administration
and concerned state management agencies in the seaport.
2. A decision to detain a seagoing
ship shall include the following details:
a/ Name and flag state of the ship
to be detained;
b/ Reasons for the detention of the
ship;
c/ Time of commencement of the
detention;
d/ Requests to be complied with;
e/ Other details related to the
detention of the ship.
3. Upon receiving the decision to
detain the ship issued by the director of the port authority, the shipmaster,
shipowner or ship operator shall have to comply with requests specified at
Point d, Clause 2 of this Article.
4. After the reason for detention of
a seagoing ship no longer exists, the director of the port authority shall have
to issue a decision to terminate the detention of the ship and send it to the
shipmaster, the Vietnam Maritime Administration and state management agencies
in the seaport.
5. A decision to terminate the
detention of a seagoing ship shall include the following details:
a/ Name and flag state of the
detained ship;
b/ Time of termination of the
detention of the ship;
c/ Other details related to the
termination of the detention of the ship.
Section 5. SALVAGE AND HANDLING OF
MARINE ACCIDENTS
Article 43.- Obligation to salvage
1. To rescue persons and salvage
vessels involved in accidents in seaports is the compulsory duty of all
organizations, individuals, vessels and other crafts currently operating in
seaports.
2. When detecting an accident or the
threat thereof, the detecting person shall immediately emit SOS signals as
prescribed and take appropriate salvage and preventive measures to rescue
persons, salvage property and limit losses.
3. When an accident occurs, the
shipmasters of vessels involved in the accident and shipmasters of other
vessels shall immediately organize search and rescue of persons whose life is
in danger and urgently take necessary measures to rescue persons and salvage
vessels and cargoes. Less damaged vessels must assist more seriously damaged
vessels even though the accident is not caused by their fault.
4. Directors of port authorities
shall be entitled to mobilize all forces, port equipment, vessels and other
crafts available in the ports to rescue persons and salvage vessels in
distress. All related organizations and individuals shall be obliged to obey
orders of directors of port authorities when participating in rescuing persons
and salvaging vessels in distress.
Article 44.- Responsibility to report on marine
accidents
Shipmasters shall be obliged to
report to directors of port authorities on marine accidents and incidents
occurring to their vessels or other marine accidents and incidents as well as
failures and malfunctions of the marine navigation signal system in port waters,
if detected.
Section 6. ASSURANCE OF SAFETY,
ORDER AND SANITATION IN SEAPORTS
Article 45.- Flying of flags on board vessels
1. The flying of flags on board
vessels operating in ports is prescribed as follows:
Foreign vessels shall fly the
national flag of the Socialist Republic of Vietnam at the top of the highest
mast on board from sunrise to sunset.
Particularly for Vietnamese vessels,
the national flag of the Socialist Republic of Vietnam shall be flown at the
mast at the stern.
2. On the National Day of the
Socialist Republic of Vietnam or when a head of state is paying a visit to the
port, all vessels berthing in the port shall, at the request of the director of
the port authority, fly the flag in ceremony.
3. Foreign vessels, when wishing to
fly their flags in ceremony, at half-mast or blow the whistle on the occasion
of their national ceremonies, shall have to notify in advance the port
authorities thereof.
4. Directors of port authorities may
exempt some rudimentary water crafts operating in port waters from flying the
national flag.
5. The flying of the national flag
mentioned in Clause 1 of this Article on board warships visiting
Article 46.- Ladders and mooring lines
1. Ladders for embarking and
disembarking a vessel must be lighted and adjusted according to the vessel’s
draft at each point of time of the day, be securely placed and cause no danger
to users. In ladder areas there must be always persons on watch and life buoys
as prescribed. Ladders must have handrails and protective nets beneath.
2. Mooring lines must be protected
against rats as prescribed.
Article 47.- Safety, order and sanitation on
board vessels
1. All vessels must have their names
or numbers and places of registration displayed as prescribed.
2. Shipmasters shall have to ensure
safety, order and sanitation on board their vessels in accordance with the
provisions of Vietnamese law.
3. When a vessel is anchored or
moored the port water, apart from crewmen in the vessel’s complement and
passengers carried on board, only persons on duty designated by competent
agencies or organizations may embark the vessel; for foreign vessels, an embarkation
permit issued by the port’s border guard is additionally required. Shipmasters
shall be held responsible if they let persons not on duty embark their vessels.
4. When a vessel is anchored or
moored in the port waters, the following acts shall be banned:
a/ Blowing the whistle or using
electric loudspeakers for communication, except for the case of emitting SOS
signals or blowing the whistle under the order of the director of the port
authority;
b/ Scrapping the funnel or
discharging black smoke;
c/ Cleaning cargo holds or the deck,
causing environmental pollution;
d/ Pumping out dirty water, dirty
residues, waste, oil or oily compounds and other harmful substances;
e/ Throwing or dumping rubbish or
other articles from the vessel into the water or onto the wharf;
f/ Scattering equipment and property
on the wharf;
g/ Removing rust and painting the
vessel, causing environmental pollution;
h/ Carrying out repairs, testing
engines or the whistle without permission of the port authority;
i/ Use life-saving and
fire-extinguishing devices for improper purposes;
j/ Swimming or causing disorder in
the port.
Article 48.- Dumping of rubbish and discharge of
waste water and ballast water
1. Vessels, while under way in a
port, shall have to dump rubbish, pump out dirty water and ballast water
according to regulations and instructions of the port authority.
2. Port enterprises or vessel
cleaning service-providing organizations and units in a port shall have to
arrange facilities for reception of rubbish and dirty water discharged from
vessels and be entitled to collect service charges as prescribed.
Article 49.- Sports activities and military
exercises
Only when approved in writing by
directors of port authorities, sports competitions, military exercises and
other similar activities may be organized in the seaport waters in accordance
with the provisions of Vietnamese law.
Article 50.- Transportation of persons and
cargoes and fishery activities in the seaport waters
1. Vessels transporting persons and
cargoes in the seaport waters shall have to observe relevant provisions of law.
2. The placement of bottom fish
traps, fishing and culture of aquatic resources in the seaport waters shall
comply with relevant provisions of law and be permitted by directors of port
authorities.
Article 51.- Responsibilities of shipmasters in
cargo loading and discharge, repair and cleaning of vessels
1. Before carrying out activities of
loading and discharging cargoes, repairing and cleaning vessels, shipmasters
shall be responsible for preparing necessary conditions for ensuring marine
navigation safety and labor protection and strictly observe relevant provisions
of law.
2. Shipmasters may permit the
shut-up of cargo holds or allow somebody to go into cargo holds after checking
and making sure that no incident shall occur.
3. In the course of cargo handling,
if detecting unsafe signs, shipmasters or persons in charge of cargo handling
shall immediately suspend the work and deal with them.
4. When a labor accident occurs on
board a vessel, the shipmaster shall quickly organize the render of first aid
to the victim(s), take necessary measures to restrict its consequences,
immediately notify the port authority concerned thereof and implement relevant
provisions of law.
Article 52.- Assurance of order and safety in
the port premises
1. Directors of port enterprises
shall have to organize and direct activities of the port guard force in
accordance with relevant provisions of law and the practical conditions of the
ports managed and operated by their enterprises.
2. Depending on management
requirements, specialized state management agencies in charge of border guard
and customs in seaports may use port gates in service of the performance of
their duties after reaching agreement thereon with port enterprises.
3. All persons and means, once
permitted to operate in the port premises, shall have to fully observe all
relevant provisions of Vietnamese law.
Section 7. FIRE AND EXPLOSION
PREVENTION AND FIGHTING AND PREVENTION OF ENVIRONMENTAL POLLUTION
Article 53.- Responsibilities of port
enterprises and vessels for fire and explosion prevention and fighting
1. Shipmasters of vessels operating
in seaports shall be obliged to observe, and supervising the observance, of
regulations on fire and explosion prevention and fighting.
2. Fire and explosion prevention and
fighting equipment of seaports and vessels must be constantly kept in the
ready-to-operate state and located at prescribed places.
3. At all places prone to fire and
explosion or in other areas and locations in seaports and on board vessels
there must be warning signs or instructions as prescribed by law.
4. All persons on duty at places
prone to fire or explosion on board vessels and in seaports must be adequately
trained in fire and explosion prevention and fighting skills.
5. For fuel reception, the following
must be done:
a/ Making ready all
fire-extinguishing and explosion-preventing equipment;
b/ Securely closing all doors at the
side along which the fuel-supplying vessel draws;
c/ Observing all technical safety
processes and rules when receiving fuel;
d/ Arranging person on duty on the
deck and at the fuel reception place.
6. It is strictly prohibited to use
fire and explosion prevention and fighting equipment of ports and vessels for
improper purposes.
7. It is strictly prohibited to
perform spark-emitting work on the deck, in cargo holds or engine cabins
without permission of port authorities.
8. For fuel reception, it is
strictly prohibited to do the following:
a/ Letting another vessel draw
alongside;
b/ Pumping fuel through pipes, hoses
or joints not up to technical standard;
c/ Receiving fuel when there are
still passengers on board (for passenger vessels).
9. Before granting permission for
repair and cleaning of vessels or other maritime shipping activities in the
port waters which are deemed likely to affect fire and explosion prevention and
fighting plans, directors of port authorities must consult expertise opinions
of local specialized fire and explosion prevention and fighting departments.
Article 54.- Coordination in fire and explosion
prevention and fighting in seaports
1. Directors of port authorities
shall have to collaborate with specialized fire and explosion prevention and
fighting agencies in the areas under their management in making necessary fire
and explosion prevention and fighting plans for vessels operating in such areas
according to relevant regulations.
2. Directors of port authorities
shall be responsible for commanding activities of salving vessels involved in a
fire or explosion in the port waters till competent commanders of specialized
fire and explosion prevention and fighting forces come to the scene.
3. Directors of port enterprises
shall be responsible for commanding activities of coping with fires and
explosions in the port premises till competent commanders of specialized fire
and explosion prevention and fighting forces come to the scene.
Article 55.- Requirements for oil vessels and
other dangerous cargo vessels
Apart from relevant provisions of
law on prevention of environmental pollution, all oil vessels and other
dangerous cargo vessels, when operating in seaports, shall also have to
strictly comply with the following requirements:
1. Two vessels are prohibited from
drawing along side one another while they are loading or discharging
inflammable or explosive cargoes, except for the case of supplying fuel from
one vessel to another or of transshipment.
2. All oil or other dangerous cargo
vessels may load or discharge cargoes at designated places. All vessels
mentioned in this Clause are also prohibited from anchoring or mooring at
places not designated for them.
3. At places mentioned in Clause 2
of this Article, there must be equipment for fire and explosion prevention and
fighting as well as environmental pollution prevention. Such equipment must be
constantly kept in the ready-to-operate state in the course of loading or
discharging cargoes.
4. The loading, discharge and
preservation of inflammable and explosive cargoes or other dangerous cargoes
shall strictly comply with current technical safety processes and rules.
5. When devices for pumping
petroleum, petrol, oil, liquefied gas or oil sludge are fitted together,
shipmasters and related parties shall have to appoint their representatives for
inspection and supervision.
6. Upon the occurrence of an
incident or accident related to oil pumping or loading or discharge of other
dangerous cargoes, shipmasters shall immediately stop the oil pumping, loading
or discharge of such cargoes and promptly apply measures to prevent its
consequences; at the same time they shall immediately report such incident or
accident to the port authority and concerned functional agencies for
coordination.
Article 56.- Requirements on prevention of
environmental pollution
1. All organizations, individuals
and vessels, when operating in seaports, shall be obliged to comply with the
provisions of law on prevention of environmental pollution.
2. Apart from the provisions of
Clause 1 of this Article, vessels operating in seaports shall also comply with
the following requirements:
a/ All vessels’ valves and equipment
through which hazardous substances may leak out must be securely shut up, put
back to the inoperative state, be lead-sealed up, with notice boards shown at
their places. The removal of seals from or the pumping of waste matters and
dirty water through valves or equipment mentioned in this Clause shall be
subject to approval of directors of port authorities and carried out under the
supervision of staff of such port authorities;
b/ Before pumping dirty water, oily
waste water or other hazardous substances through pipelines laid on deck, all
drain holes on deck must be securely covered up and trays must be placed under
the joints of the pipelines to collect any leakage;
c/ All activities related to the
pumping and discharge of oil or other hazardous substances shall be recorded in
detail in a particular diary ready for presentation to officers of competent
Vietnamese agencies when necessary.
Article 57.- Reporting of environmental
pollution incidents in seaports
1. The reporting of environmental
pollution incidents occurring in seaports shall comply with the provisions of
law.
2. Apart from the provisions of
Clause 1 of this Article, all vessels operating in seaports shall have to
comply with the following requirements:
a/ If detecting a threat or an act
of causing environmental pollution, to immediately report it to the port
authority; at the same time, to clearly record in the log book the time,
location and characteristics of such environmental pollution incident.
b/ If the environmental pollution
incident originates from one’s own vessel, to immediately apply measures to
effectively respond to the incident, and at the same time, report it to the
port authority.
COORDINATION OF ACTIVITIES OF
SPECIALIZED STATE MANAGEMENT AGENCIES IN SEAPORTS
Article 58.- Principles of coordination of
management activities
1. Specialized state management
agencies in seaports, when performing their duties, must observe the provisions
of law, not cause any troubles affecting activities of port enterprises,
shipowners, vessels and other organizations and individuals in seaports. Port
authorities shall be responsible for coordinating activities among specialized
state management agencies in seaports.
2. Specialized state management
agencies in seaports shall have to closely coordinate with one another when
performing their duties in order to create favorable conditions for port
enterprises, shipowners, cargo owners, vessels and other related organizations
and individuals to operate in a safe and effective manner.
3. Any arising problem related to
the functions of other specialized state management agencies shall be settled
in time through consultation and agreement; any disagreeing agency shall
promptly notify the reason and solution to the port authority in accordance
with the provisions of law.
4. Only when the
procedure-processing venue is on board a vessel as provided for at Point b,
Clause 2, Article 27 and Point a, Clause 2, Article 29 of this Decree or in
other special circumstances decided by directors of port authorities, who shall
take responsibility for such decisions, shall specialized state management
agencies establish a procedure-completing team headed by a representative of the
port authority and joined by one officer from each of specialized state
management agencies; particularly for passenger ships, in order to quickly
complete procedures, specialized state management agencies in charge of border
guard and customs may appoint more officers to join the team, provided that the
number of such officers is approved by the director of the port authority. If
it is unnecessary to get aboard a vessel, specialized state management agencies
may not appoint their officers to join the procedure-completing team mentioned
in this Clause but they shall have to promptly report to the port authority on
the result of clearance of procedures at their offices.
5. When a specialized state
management agency encounters a problem beyond its settling competence, it shall
promptly report the problem to its superior agency for immediate settlement. If
deeming it necessary, the concerned ministry and branch shall have to work with
the Ministry of Transport in settling the problem and within 4 hours after receiving
the report shall have to report its settlement decision to the concerned
agency, organization or individual.
6. In the course of performing their
duties, specialized state management agencies shall have to coordinate with
other concerned agencies and organizations in the area in ensuring that all
maritime shipping activities in seaports strictly comply with the provisions of
law.
Article 59.- Responsibilities for coordinating
management activities
1. In coordinating management
activities of specialized state management agencies in seaports, port
authorities shall:
a/ Assume the prime responsibility
for and direct the coordination of management activities of specialized state
management activities in seaports;
b/ Organize and preside over all
meetings with specialized state management agencies or other related agencies,
organizations and enterprises in the port areas in order to reach agreement on
ways of settling any arising problems;
c/ Request other specialized state
management agencies in seaports to promptly notify the results of processing
procedures as well as solutions to arising problems; request port enterprises,
shipowners, vessels and other concerned agencies and organizations to supply
data and information on maritime shipping activities in seaports;
d/ Propose presidents of
provincial-level People’s Committees to promptly settle arising problems which
fall under the competence of the provinces or cities and are related to the
specialized state management in seaports.
2. Other specialized state
management agencies in seaports shall:
a/ Closely coordinate with one
another in promptly and lawfully completing procedures related to vessels,
cargoes, passengers and crew operating in seaports under this Decree;
b/ Promptly notify port authorities
of the results of processing procedures related to vessels, cargoes, passengers
and crew operating in seaports;
c/ After receiving and processing
information supplied by port authorities of shipowners and completing
procedures or facing any problems, promptly notify port authorities thereof for
coordinated settlement in time.
Article 60.- Specialized inspection,
examination, supervision and control in seaports
1. The inspection, supervision,
control and protection by specialized state management agencies and other
competent agencies with respect to vessels, cargoes, passengers, crew and other
objects operating in seaports shall comply with the provisions of this Decree
and relevant laws.
2. The direct control and protection
on board vessels by specialized state management agencies shall be only carried
out in the following cases:
a/ Vessels show apparent signs of
violation of the law.
b/ In case of necessity to ensure
security, defense, epidemic control, social order and safety.
3. Cadres, public employees and
staff of specialized state management agencies and other competent agencies are
strictly prohibited from committing acts that are authoritarian, regionalistic,
self-seeking, hassling, troublesome and otherwise negative when performing
their assigned duties; all related violations shall be handled according to the
provisions of law.
Article 61.- Responsibilities of ministries,
branches and localities for activities of specialized state management agencies
at seaports
1. Ministries, branches and
localities shall be responsible for directing and guiding activities of their
subordinate specialized state management agencies to properly coordinate state
management activities in seaports.
2. To supervise and inspect
subordinate specialized state management agencies and stringently handle
wrongdoings and violations in accordance with the provisions of law.
IMPLEMENTATION PROVISIONS
Article 62.- Implementation effect
1. This Decree takes effect 15 days
after its publication in “CONG BAO” and annuls the Government’s
Decree No. 160/2003/ND-CP of December 18, 2003, on management of maritime
shipping activities at Vietnamese seaports and marine navigational areas, and
the Prime Minister’s Decision No. 133/2003/QD-TTg of July 4, 2003, on
management of marine navigable channels.
2. Enclosed with this Decree are 12
appendices (not printed herein).
Article 63.- Organization of implementation
1. The Minister of Transport shall
assume the prime responsibility for, and coordinate with other concerned
ministries, branches and provincial/municipal People’s Committees in,
organizing the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal People’s Committees shall have to implement
this Decree.
cangvuhp811662010.doc